GREAT WESTERN RECLAMATION, INC.- A-2003-108

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INRIR"-,NCE ON FILE A-2003-108 MAY fl(ULUJ3 Ln, CE CLERK DAMENDMENT TO AGREEMENT FOR COLLECTION F nNCIL PATGt '/11010 i AND HANDLING OF SOLD)WASTE GENERATED AND OR ACCUMULATED IN THE CITY OF SANTA ANA THIS FIFTH AMENDMENT, made and entered into this nt day of June, 2003, by and between USA .efiv • Waste of California Inc., formally Great Western Reclamation, a division of Waste Management Collection and Y Recycling, Inc ("Contractor") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as"the Parties". RECITALS • 1. On November 18, 2002 CITY and CONTRACTOR entered into a Fourth Amended Agreement(hereinafter referred to as "Fourth Amended Agreement")to adjust rates to pay the cost associated with complying with certain provisions of the Federal Clean Water Act. 2. Since execution of the Fourth Amended Agreement, the CITY and CONTRACTOR have met and determined an increase is needed to pay for the escalating costs associated with the reduction of debris, garbage and litter etc. ("trash") into the City storm water system in order to comply with the requirements of the Federal Clean Water Act. 3. Pursuant to requirements of the Federal Clean Water Act, in part, the City must prevent, reduce, and/or clean up "trash" that is generated within the City, and not properly disposed of in receptacles, to prevent said"trash" from reaching the state waterways and the oceans via the City storm drain system. 4. CITY and CONTRACTOR have jointly concurred that it would be in the best health and safety interests of the CITY and the residents therein that a Fifth Amended Agreement be executed to adjust the City's administrative fee for curbside service in order to pay for the cost associated with reducing, monitoring and preventing"trash" from entering into the City storm drain system. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Exhibit C, of said Agreement is hereby amended to increase the City's administrative cost per curbside service unit by $.09 per month to support increased costs in the storm water management program effective July 1, 2003. 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect.